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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) 1998 Biennial Regulatory Review -- ) Streamlined Contributor Reporting ) Requirements Associated with Administration ) CC Docket No. 98-171 Of Telecommunications Relay Services, North ) American Numbering Plan, Local Number ) Portability, and Universal Service Support ) Mechanisms ) MEMORANDUM OPINION AND ORDER Adopted: September 30, 1999 Released: September 30, 1999 By the Acting Chief, Network Services Division, Common Carrier Bureau: I. INTRODUCTION 1. In this Order, we suspend on our own motion the requirement that Telecommunications Relay Services (TRS) payment formulas and revenue requirements for the year 2000 be filed with the Federal Communications Commission (Commission) on October 1, 1999. We waive this filing date until May 1, 2000. II. BACKGROUND 2. Currently, carriers contribute annually to the interstate TRS Fund (Fund) based on their gross interstate revenues. The TRS Fund administrator (Administrator) submits to the Commission each October 1 a proposed TRS provider payment formula and reimbursement rate, and the Fund size estimate. The payment formula is used to calculate the per-minute reimbursement rate the providers will be paid during the next calendar year, and the Fund size estimate is the revenue requirement carriers will contribute to the Fund. Carrier contributions to the Fund are not calculated on a calendar-year basis. Instead, the fiscal year for contributions to the Fund begins on April 1 and ends March 31 of the following year. For those carriers that choose to pay their contribution over a period of months, the first payment to the fund is due on April 26 and the last payment on March 26. 3. After the Commission receives the October 1 filing, it releases an order in December (TRS Fund Order) that addresses the Administrator's proposed payment rate to TRS providers. The Commission also calculates and adopts the carriers' contribution factor that is used to determine the carriers' contributions to the interstate TRS Fund. This factor is included on the next year's version of Form 431, the TRS Fund Worksheet. 4. On July 14, 1999, the Commission released the Consolidated Forms Order, which simplified various filing requirements for communications providers. As a result of the Consolidated Forms Order, several different forms -- including Form 431 -- were replaced by one consolidated form, the Telecommunications Reporting Worksheet (Form 499). Form 499 will be filed on April 1 and did not impose new reporting requirements; rather, it simplified the filing requirements while continuing to ensure the efficient administration of the support and cost recovery mechanisms. III. DISCUSSION 5. The Commission may waive any provision of its rules on its own motion, or on petition, upon a showing of good cause. We find that special circumstances warrant our waiver of the October 1 filing date set forth in section 64.604(c)(iii)(H) of the Commission's rules, and that such a departure from the October 1 filing date is in the public interest. 6. As stated above, each December the Commission releases the TRS Fund Order. The TRS Fund Order publishes a TRS provider payment factor, a carrier contribution factor, and a Form 431 for the following year. The TRS Fund Order develops the payment factor used to reimburse TRS providers from the Fund for the next calendar year and develops the contribution factor used to determine each carrier's contribution to the TRS Fund for the 12-month fiscal year beginning in April of the following year. This contribution factor, historically based on gross revenues, is published on the Form 431 in the TRS Fund Order. The Administrator's October 1 filing provides the Commission with the information the Commission needs to release the TRS Fund Order. 7. The Consolidated Forms Order affected the above schedule in two ways. First, as of July 1, 2000, carriers' contributions to the TRS Fund must be based on end user revenue data, rather than gross revenues. Second, the Commission also stated that it recognized that many TRS contributors are still making monthly installment payments toward their funding year 1999 contribution (which covers the April 26, 1999 through March 26, 2000 funding period). Therefore, as stated in the Consolidated Forms Order, the contribution factor currently in use will continue to be used until a new contribution factor based on end-user revenues is effective July 1, 2000. Hence, because we do not need to approve a new contribution factor for use before July 1, 2000, there is no need for a December TRS Fund Order and, therefore, no need for the Administrator to submit an October 1 filing. Additionally, in keeping with the Commission's directive in the Consolidated Forms Order that the current carrier contribution factor shall be used until July 1, 2000, we direct the Administrator to continue to reimburse TRS providers using the current TRS provider reimbursement rate until July 1, 2000. 8. With the new fiscal year beginning on July 1, 2000, the Commission will need to approve a new contribution factor by that date, as well as the Fund size and the TRS payment factor. To be able to take this action, the Administrator will need to propose a contribution factor, Fund size, and payment factor before July 1, 2000. The Administrator, however, will receive the necessary information on Form 499 when it is filed on April 1. Therefore, we find that the Administrator's filing date should be waived until May 1, 2000. Waiving this requirement will help ensure that the Commission's goal of a smooth transition from Form 431 to Form 499 is achieved. We direct the Administrator to propose a contribution factor, Fund size, and payment factor by May 1, 2000. VII. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED, pursuant to sections 1, 5(c), and 225 of the Communications Act of 1934, as amended, 47 U.S.C.  151, 155(c), and 225, and sections 0.91, 0.291, and 1.3 of the Commission's rules, 47 C.F.R.  0.91, 0.291, and 1.3, that: (a) the October 1 filing date in Section 64.604(c)(4)(iii)(H) is WAIVED until May 1, 2000; (b) that the Administrator SHALL CONTINUE to reimburse TRS providers using the current TRS provider reimbursement rate until July 1, 2000; and (c) the Administrator SHALL FILE a contribution factor, Fund size, and payment factor by May 1, 2000. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Acting Chief, Network Services Division Common Carrier Bureau